Page:The Green Bag (1889–1914), Volume 02.pdf/215

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The Green Bag.

legal profession, and inspired him to seek its emoluments. His early success at the bar in a country town, whence his fame and practice soon spread, was due no more to the striking and original quality of his oratory, to his remarkable power of quaint and forcible illustration, and to his positive political opinions, than to his recognized probity of conduct, purity of character, his strict devotion to business, and his thorough mastery of the science of the law. The judges in Pennsylvania were then ap pointed by the governor. Black had taken an active part in politics, devoting his abili ties — which were especially marked in the direction of a free and fertile pen — to up holding the Jeffersonian principles and de fending the administration of Jackson. A stormy State campaign in 1838 resulted in the choice for governor of David R. Porter. Black had been his effective supporter; and when a troublesome contention arose be tween numerous aspirants for the judicial appointment in the district composed of Somerset, Bedford, and Franklin counties, the Governor surmounted his difficulties by appointing Black President Judge. This was in 1842; so he began his judicial experience and intermitted his political career at the age of thirty-two. For about the full judicial term of ten years, he rode the circuit of his district, holding courts at its several county-seats, mingling with the people, administering the law with all the uprightness, fidelity, and ripening ability of which his early success at the bar gave promise; his name and fame spread through the State, and he was dis cussed in connection with the highest hon ors at his party's command. The elective judiciary was engrafted upon the Pennsylvania system by the Constitu tional Amendment of 1850; a full Supreme Court — then composed of five judges — was elected in 1851. The elect were to draw lots for their respective terms, and the one whose commission expired first was to become Chief-Justice. Black was nominated

by his party, and received the highest vote of all the candidates; with him were elected Gibson, Lewis, Lowrie, and Coulter, — illus trious names in the State Reports. Of the result of that election he modestly said : "Of the whole ten, Meredith 1 was, without doubt, the greatest and most distinguished man. Yet when the poll came, he received the lowest, while I got the highest. This shows how fallible a test the popular judg ment is on the merits of a candidate for a judicial office." In the drawing for terms, he got the short term (three years) and the Chief-Justiceship. Writing home to his wife of the method and the result, he said : " So you see your husband is to be Chief-Justice. I don't like it. This whole business has been like our old woman's soap, — 'somehow I have no luck with it.'" In 1854 the wave of Know-Nothingism swept over the State, and caused temporary disaster to his party generally. His name rode high above the shipwreck. He was re-elected by a large majority, though the Democratic candidate for governor was beaten. He served the Commonwealth and his profession as Associate-Justice — the Penn sylvania system sends even the Chief-Justice, re-elected, to the foot of the bench — until he was summoned into President Buchanan's Cabinet as Attorney-General in 1857. As a member of the Supreme Court, his decisions and opinions are to be found in the reports from 4 Harris (16 Penn.) to 5 Casey (29 Penn.). It is impossible to review them in this brief sketch. They and their influ ence upon the jurisprudence of the country are the property of the profession. Secretary Bayard said of them, in his eulogy before the United States Supreme Court, that they fur nish " splendid and abundant evidence of his enlightened wisdom, his learning in the law, his lofty and sound morality, — all conveyed with a felicity of language and eloquence of expression that may even here in this court 1 William M. Meredith, Secretary of the Treas ury under President Taylor, and Attorney-General of Pennsylvania, 1S61-1867.